MATTER OF SPAULDING


264 A.D.2d 881 (1999)

694 N.Y.S.2d 813

In the Matter of the Claim of MARCIA R. SPAULDING, Appellant. COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided September 16, 1999.


Claimant worked as a teacher's aide for the employer for approximately 10 years. Upon being informed that a counseling memorandum would be placed in her personnel file regarding a disagreement with a student, claimant became upset, left the premises and failed to return to work. Claimant thereafter submitted a letter stating that she would be leaving her employment due to sickness caused by job stress. The employer treated this letter as a resignation, notwithstanding claimant...

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